How long must an existing EB-5 business remain profitable for?

USCIS does not care if the business is profitable or not. They only care if you create 10 full time jobs.

Upon the filing of the form I-829 to remove conditions on the residence card, the investor must show the following: 1. Evidence that the entrepreneur invested the requisite amount of capital. 2. Evidence that the entrepreneur sustained the enterprise and the investment in that enterprise throughout the period of conditional permanent residence. 3. Evidence that the entrepreneur's investment created or can be expected to create, within a reasonable time, 10 full-time jobs for qualifying employees. In the case of a troubled business, you must submit evidence that the NCE maintained the number of existing employees at no less than the pre-investment level during the period of your conditional permanent residence.

The investment must be sustained in the project, the investment funds must be spent on the activities stated in the business plan, and jobs should be created. The business does not necessarily need to turn a profit during this time.

Profitability does not play a role in the timeline. The enterprise needs to remain in business and not fold up and go into bankruptcy.

Profitability is not a requirement. Maintenance of jobs is.

USCIS is going to want to see a viable business enterprise and profitability may be a factor in this judgment. I recommend you immediately consult with your investment immigration attorney to review your business before taking any action.

It is not so much profitable as much as it is in job creation after the visa is issued.